Convention (IV) Relative to the Protection

of Civilian Persons in Time of War.

Geneva, 12 August 1949.
Part I : General provisions
• - Art 1 – All contracting parties are ensure
respect of the Conventions
• - Art 2 – The Convention is applicable during
war and peace time
• - Art 3 – In the case of non-international armed
conflict minimum prescribed standard shall be
applied
• - Art 4 – Persons protected by the Convention
are nationals of the Party to the conflict and the
Occupying Power. Nationals of neutral state or
co-belligerent state are not
• - Art 5 – In the territory of state party to the
conflict or in the occupied territory where
persons are suspected to be engaged in hostile
activities, these persons shall not be entitled to
the protection. They shall however be treated
with humanity be entitled to a fair trial
• - Art 6 – The Convention is applicable from the
beginning of any conflict or occupation
• - Art 7 – Additional agreements may be
concluded so long as it does not adversely affect
the protection provided by this Convention
• - Art 8 – Protected persons may not renounce
their rights under this Convention
• - Art 9 – The Convention shall be applied with
the cooperation of Protecting Powers.
• - Art 10 – The provisions of his Convention
constitute no obstacle to ICRC or other neutral
humanitarian organizations to perform their
duties
• - Art 11 – The parties may at any time entrust
impartial international organizations with the
duties of Protecting Power
• - Art 12 – In cases of disagreement between
parties to the conflict Protecting Power shall lend
its good office to settle the issue
Part II : General Protection of Populations Against Certain
Consequences of War
• - Art 13 – The provisions under this part covers the
whole populations of the countries in conflict without any
discriminatory distinction. They are intended to alleviate
their sufferings
• - Art 14 – In time of peace the parties may establish in
their territories and occupied areas hospital and safety
zones to protect the wounded, sick, the aged and
children under fifteen, expectant mothers and mother of
children under seven
• - Art 15 – Any party to the conflict may request through
neutral state or humanitarian organization for the
adverse party to organize neutralize zone to shelter
without distinction civilians from the effects of war
• - Art 16 – The wounded sick, infirm and
expectant mothers shall be of particular
protection and respect
• - Art 17 – Parties to the conflict shall endeavor
to conclude agreement to facilitate the removal
of the wounded, sick, infirm, aged persons and
maternity cases from besieged area
• - Art 18 – Civilian hospitals shall not be object
of attack. They shall be marked with protective
emblems as per provided by Art 38 of GC I
• - Art 19 – Protection to civilian hospitals shall
no cease unless they violate their humanitarian
duties and prior warning has been given
• - Art 20 – Persons solely engaged in the operation and
administration of civilian hospitals shall be respected and
protected. They shall have ID and wear the prescribed
armlet
• - Art 21 – Convoy of vehicles, hospital trains, vessels at
sea carrying sick, infirm and maternity cases shall be
given protection as per accorded to the hospital. They
shall be marked as prescribed by Art 38 of GC I
• - Art 22 – Aircraft exclusively used to transport civilian
sick, wounded, infirm and maternity cases shall not be
attacked. They shall fly under the prescribed condition.
They may be marked with distinctive sign as provided for
by Art 38 0f GC I
• - Art 23 – Parties are to allow the passage of medical
supplies, object of religious worship and essential items
for expectant mothers, maternity cases and children
under fifteen
• - Art 24 – Parties are to ensure children under fifteen
are not left on their own. They shall be provided with
education and allowed to practice their religion. Their
maintenance shall be entrusted to persons of similar
culture background
• - Art 25 – Persons in conflict or occupied territories
shall be allowed to convey and receive personal news
speedily
• - Art 26 – Parties shall facilitate enquiries made by
members of families dispersed owing to war
Part III : Status and Treatment of Protected Persons
Section I : Provisions common to the territories of the
parties to the conflict and to occupied territories
• - Art 27 – Protected persons are entitled to respect to
their person, honor, religions manners and customs.
They shall be humanely treated
• - Art 28 – The presence of protected person may not
render certain places immune from military operations
• - Art 29 – Party to the conflict in charge of protected
person is responsible to their treatment by its agent
irrespective of individual responsibility
• - Art 30 – Protected person shall have the right
to apply to Protecting Powers the ICRC or
national Red Cross for assistance
• - Art 31 – They shall not be subject to physical
or moral coercion for information
• - Art 32 – Parties are prohibited from causing
protected persons sufferings, murder, torture,
corporal punishments, scientific experiments and
other atrocities
• - Art 33 – Protected persons shall not be
subjected to punishment they have not
personally committed. They shall be no
collective punishment
• - Art 34 – Taking of hostages is prohibited
Section II : Aliens in the territory of a party to the conflic
• - Art 35 – Protected persons desiring to leave
the country may be allowed to do so provided it
is not contrary to the interest of the State. They
may provide themselves the fund for the journey
• - Art 36 – Departures under Art 36 should be
safely, hygienically and humanely carried out.
Cost of deportation up to the exit point shall be
borne by Detaining Power
• - Art 37 – Protected persons confined pending
proceeding or undergoing sentence shall be
humanely treated and be allowed to be released
• - Art 38 – The situation of protected persons shall
always be regulated as per Art 27 with the prescribed
rights granted to them and possible limitation imposed by
Art 41
• - Art 39 – Protected persons who lost their jobs owing
to war shall have the right to obtain similar employment
subject to security consideration
• - Art 40 – They may be compelled to work to the same
extent as nationals of the party to the conflict
• - Art 41 – Should the Power find control measures
provided by the Convention to be inadequate, they may
not resort to control measures more severe than
internment and assigned residence
• - Art 42 – Internment and assigned residence is to be
imposed only when it is absolutely necessary
• - Art 43 – Protected person placed on internment or
assigned residence is entitled to have the action
reconsidered
• - Art 44 – Detaining Power shall not apply the above
measures on refugees, and enemy aliens purely on the
basis of their nationality
• - Art 45 – Protected Persons shall not be transferred to
a Power which is not a party to the Convention
• - Art 46 – Restrictive measures shall be cancelled as
soon as possible at the close of hostilities
Section III : Occupied territories
• - Art 47 – Protected persons in occupied territory shall
not be deprived of the benefits of the Convention
• - Art 48 – Protected persons who are not nationals of
occupied territory may seek the right to leave the territory
subject to security consideration
• - Art 49 – Individual or mass forcible transfer or
deportation of protected persons from occupied territory
to territory of Occupying Power or other country,
regardless of the motive is prohibited. It shall not transfer
its civilian population into the occupied territory
• - Art 50 – The Occupying power shall facilitate the
working of institutions devoted to care and education of
children
• - Art 51 –The Occupying Power shall not compel
protected person to serve in its armed or auxiliary forces.
There should be no pressure or propaganda to secure
voluntary enlistment either
• - Art 52 – No contract shall impair the rights of workers.
No measures shall be introduce to create condition to
induce them to work for Occupying Power
• - Art 53 – Destruction of real or personal property by
Occupying Power is prohibited unless rendered
necessary by military operations
• - Art 54 – Status of judges and public officials in the
occupied territories shall not be altered. They cannot be
discriminated for refusing to act against their conscience.
They can be removed from their posts
• - Art 55 – The Occupying Power to the fullest extent of
means available is responsible to ensuring adequate
supply of food and medical supplies
• - Art 56 – The Occupying Power to the fullest extent of
means available is responsible in maintaining the
medical and health establishments and services and
public health and hygiene facilities
• - Art 57 – The Occupying Power on the basis of
temporary necessity may requisition civilian hospital to
the care of military sick and wounded
• - Art 58 – The Occupying Power shall allow religious
ministers to give spiritual assistance to members of their
communities
• - Art 59 – If the occupied territory is inadequately
supplied the Occupying Power shall agree for relief
schemes to be facilitated
• - Art 60 – Relief schemes shall not relief the Occupying
Power of its responsibility as regards adequate provision
of food and medical and health supplies. They shall not
be diverted from the intended purposed without the
consent of the Protecting Power
• - Art 61 – The distribution of relief consignments shall
be with cooperation of Protecting Power and may be
delegated to impartial humanitarian organizations. They
shall not be subjected to tax
• - Art 62 – Subject to imperative security reasons
protected persons in occupied territories shall be
permitted to receive individual relief consignments sent
to them
• - Art 63 – Subject to temporary and exceptional
measures due to security reasons recognized national
red cross societies or other relief societies shall be
allowed to carry out humanitarian activities
• - Art 64 – The penal law of occupied territory shall be in force. They
may be repealed or suspended if they constitute a threat to security
or impediment to the application of the Convention
• - Art 65 – The penal provisions enacted by Occupying Power shall
not come into force until they are published and the public are
informed. They effect of the provisions cannot be retroactive
• - Art 66 – In the case of breach of penal provisions promulgated by
the Occupying Power the accused may be tried by non-political
military courts that sits in the occupied country
• - Art 67 – The court shall only apply those provisions of law
applicable prior to the offence and in accordance to the general
principle of law
• - Art 68 – Protected person committing an offence intended to
harm the Occupying Power but not threatening limbs and lives of its
armed forces shall be liable to simple imprisonment or internment
• - Art 69 – The time spent by the accused
awaiting trial shall be deducted from the period
of imprisonment awarded
• - Art 70 – Protected persons shall not be
arrested, prosecuted or convicted for expressing
their opinions
• - Art 71 – No sentence shall be pronounced by
the courts except after a regular trial and
following the procedures prescribed
• - Art 72 – The accused have the right to
present evidence, call for witnesses and service
of a qualified counsel of their choice
• - Art 73 – A convicted person has the right to
appeal provided by the laws applied by the
court. If there is no such provision he has the
right to petition against the finding
• - Art 74 – A representative of Protecting Power
has the right to attend the trial of protected
persons unless it is held in camera for security
reasons
• - Art 75 – A person condemned to death shall
not be deprived of right of petition for pardon or
reprieve. Death sentence shall only be carried
out minimum six months after the Protecting
Power being notified
• - Art 76 – Protected person accused shall be
detained in the occupied country and if
sentenced, serve the sentence in the same
country. He shall be subjected to the same
standard of treatment given to other prisoners in
the country
• - Art 77 – Protected persons convicted of an
offence by the court of the occupied territory
shall be handed over to the authorities of the
liberated territory
• - Art 78 – The Occupying Power may due to
security reasons find it necessary to assign
protected person to an assigned residence or
internment
Section IV : Regulations for the treatment of internees
Chapter I : General Provisions
• - Art 79 – The parties shall not intern protected persons
except for security reasons and he has the right to
appeal
• - Art 80 – Parties to conflict shall be bound to provide
intern protected persons medical care and other
maintenance free of charge
• - Art 81 – parties who intern protected persons are
bound to provide free maintenance and medical attention
• - Art 82 – Detainees are to be accommodated
according to their nationality, language and custom
Chapter II : Places of Internment
• - Art 83 – Places of internment shall not be set
up at dangerous places. If possible the location
is to be informed to enemy power and be clearly
marked with the letters IC
• - Art 84 – Internees are to be separated from
prisoners of wars and persons who are deprived
of liberty
• - Art 85 – Detaining Powers are to be
accommodated in buildings and quarters that
are hygienic and healthy, protected against the
elements of weather and effects of war
• - Art 86 – Detaining Power shall provide
detainees areas suitable for holding their
religious services
• - Art 87 – Canteens shall be established
in every place of internment. The prices
shall not be higher than local market
prices and subject to scrutiny by Internee
Committee.
• - Art 88 – Places of internment subjected
to air raids and hazards of war are to
provide adequate shelter to the internees
Chapter III : Food and Clothing
• - Art 89 – Daily food rations for the
internees shall be sufficient in terms of
quantity, quality and variety
• - Art 90 – When taken into custody
internees shall be given facilities to avail
themselves with enough clothing, footwear
and change of underwear. Detaining
Power shall provide them with free
clothing to protect them from the climate if
they are unable to procure one
Chapter IV : Hygiene and Medical Attention
• - Art 91 – Every place of internment shall
have adequate medical facilities
• - Art 92 – Medical inspections of
internees shall be made at least once a
month
Chapter V : Religious, Intellectual and Physical
Activities
• - Art 93 – Internees shall have complete
freedom of religion on condition they comply with
the disciplinary routine
• - Art 94 – Detaining Power shall encourage
intellectual, educational and recreational pursuit
• - Art 95 – Detainees are not to be employed as
workers unless they so desire
• - Art 96 – All labor detachments are to be
dependent upon a place of internment. They
may be subject to visits by ICRC and other
humanitarian organizations
Chapter VI : Personal Property and
Financial Resources
• - Art 97 – Internees shall be permitted to
retain articles of personal use. Valuables
may not be taken from them unless in
accordance with procedure
• - Art 98 – Internees shall receive regular
allowance to purchase goods and articles.
They may also receive allowance from
other prescribed parties
Chapter VII : Administration and Discipline
• - Art 99 – Every place of internment shall be
placed under responsible regular military officer
or regular civil administrator of the Detaining
Power
• - Art 100 – Disciplinary regime in places of
internment shall be consistent with humanitarian
principles. Military type of punishments and food
rationing is prohibited
• - Art 101 – The internees are entitled to petition
to the authorities as regards the conditions they
are subjected to
• - Art 102 – The internees shall every six
months freely elect members of the
Internee Committee by secret ballot
• - Art 103 – The Internee Committee shall
further the physical, spiritual and
intellectual well being of the internees
• - Art 104 – Members of the Committee
shall not be required to perform any other
work if it renders the performance of their
duties more difficult
Chapter VIII : Relations with the Exterior
• - Art 105 – Upon detaining the internees the
Detaining Power shall inform the detainees’
country of allegiance of the measures taken to
comply with the Convention
• - Art 106 – Latest within a week of his
internment the internee shall be allowed to send
direct to his family and to Central Agency a card
informing of his detention
• - Art 107 – Internees are to be allowed to send
letters and cards at the minimum rate of two
letters and four cards monthly
• - Art 108 – Internees shall be allowed to receive by
post or other means individual or collective parcels
containing foodstuffs, medical supplies, educational
items and objects of devotional and recreational
character
• - Art 109 – In the absence of special agreements
between parties of conflict the regulations concerning
collective relief as annexed to this Convention shall apply
• - Art 110 – All relief shipments shall be subjected to tax
• - Art 111 – Should military action prevents the
conveyance of mails and relief shipments the ICRC or
other approved organizations may undertake the effort
• - Art 112 – The censoring of correspondence sent or
received must be done as soon as possible
• - Art 113 – The Detaining Power shall
facilitate the transmission from internees of
wills, powers of attorney, letters of authority or
other documents for dispatch
• - Art 114 – The Detaining Power shall allow
detainees to manage their properties and may
in urgent cases allow them leave if the
circumstances permit
• - Art 115 – If an internee is a party to court
proceedings the court shall be informed of his
internment so that he would not be prejudiced
as regards the conduct of the case
• - Art 116 – Every internee shall be allowed to
receive visitors at regular intervals and as
frequently as possible
Chapter IX : Penal and Disciplinary Sanctions
• - Art 117 – Laws currently in force in the
territory shall continue to apply to internees
during internment
• - Art 118 – The courts shall take into account
that the detainee is not a national of the
Detaining Power and should exercise their
judgment with leniency
• - Art 119 – Disciplinary punishments applicable
to internees are as per prescribed by this Article
• - Art 120 – Recaptured internees shall only be
liable to disciplinary punishment even if it is a
repeated offence
• - Art 121 – Escape or attempt to escape shall not be an
aggravating factor for other offence committed during the escape
• - Art 122 – Offences against discipline shall be investigated
quickly. Pre-trial detention shall be minimized and shall not exceed
fourteen days. The duration shall be deducted from the sentence of
confinement given
• - Art 123 – Internment camp commandant or his delegated officer
may order disciplinary punishment to internees
• - Art 124 – Internees shall not be transferred to penitentiary
establishments to undergo disciplinary punishments
• - Art 125 – Internees on disciplinary punishment shall be allowed to
exercise and be in the open air at least two hours daily
• - Art 126 – The regulations as regards judicial matters shall apply
to internees who are in the territory of the Detaining Power
Chapter X : Transfers of Internees
• - Art 127 – The transfer of internees shall
be effected humanely
• - Art 128 – In the event of transfer
internees are to be notified of their new
address to facilitate notification to their
families
Chapter XI : Deaths
• - Art 129 – The wills of internees kept are to be
dispatched on their death. The death must be
certified by a doctor
• - Art 130 – Detaining Power shall ensure that
internees who died shall be given honorable
burial - if possible according to their religious
rites
• - Art 131 – Cases of death or serious injury to
internees, caused by sentries or other persons
are to be followed by official enquiry
Chapter XII : Release, Repatriation and
Accommodation in Neutral Countries
• - Art 132 – Interned person shall be released
by the Detaining Power once there is no longer
reason to do so
• - Art 133 – Internment shall cease at the end of
hostilities. Those facing penal proceedings will
remain until the conclusion of the proceeding or
completion of the penalty
• - Art 134 – Upon close of hostilities the
internees are to be returned to their last place of
residence or their repatriation be facilitated
• - Art 135 – The Detaining Power shall bear the
expenses of returning the internees
Section V : Information bureaux
and central agency
• - Art 136 – Upon outbreak of hostilities and in
cases of occupation parties to a conflict shall
establish information bureau in respect of
information on protected persons
• - Art 137 – Each National Bureau shall forward
the information to the Power where the internee
resides by the most rapid means
• - Art 138 – The information received shall
enable the internee to be identified and his
relatives informed
• - Art 139 – Each national information bureau
shall be responsible in collecting personal
effects left by internees who are released or
repatriated, escaped or died. They are to be
send to the Central Agency and be properly
recorded
• - Art 140 – Central Information Agency shall be
created in neutral country. The purpose is to
facilitate the collection and transmission of
information as regards protected persons
• - Art 141 – The national information bureau and
the Central Information Agency shall enjoy free
postage for all mails and so far as possible
reduction or exemption from telegraphic charges
Part IV : Execution of the Convention
Section I : General Provisions
• - Art 142 – Except for security reasons the Detaining
Power shall facilitate the visit of accredited agents of
relief, religious or other societies and the receipt of
supplies and materials from any source
• - Art 143 – Representatives or delegates of the
Protecting Power shall have the right to go to all the
places of internment and meet the internees personally
• - Art 144 – The parties will undertake to disseminate
the text of this Convention as widely as possible
• - Art 145 – The parties shall communicate their
adoption of the regulations through the Swiss Federal
Council and during hostilities through Protecting Power
• - Art 146 – The parties shall enact legislation to provide
effective penal sanction for crimes committed against the
Convention
• - Art 147 – Grave breaches of the Convention include
the commission of the prescribed acts listed
• - Art 148 – No party can absolve itself of liability
incurred by itself or other party in respect of the violation
of the Convention
• - Art 149 – At the request of a Party an enquiry shall be
instituted concerning any alleged violation
Section II : Final Provisions
• - Art 150 – The Convention is established in English and French.
Both are authentic
• - Art 151 – The Convention is open to signature until 12 February
1950
• - Art 152 – It shall be ratified as soon as possible and be deposited
at Berne
• - Art 153 – The Convention shall come into force six months after
two instruments of ratification have been deposited
• - Art 154 – To parties of the Hague Convention of 1899 and 1907
this Convention shall be supplementary to Sections I and II of the
earlier conventions
• - Art 155 – This Convention shall be open to any Power from the
date of its coming into force
• - Art 156 – Accession shall be notified to Swiss Federal
Council and shall take effect six months after it is
received
• - Art 157 – In the event of international or non-
international armed conflict the ratification deposited and
accession notified will take immediate effect
• - Art 158 – Each party is at liberty to denounce the
Convention. It shall be notified to the Swiss Federal
Council which shall transmit the notification to all parties
• - Art 159 – The Swiss Federal Council shall register the
Convention with the Secretariat of the United Nations